Dismissed¶35

Subana Baldar v. State of Karnataka

Karnataka HC3 Apr 2025CRL.P/6401/2023

Case brief

AI extract

What is this about?

NC: 2025:KHC:14091 | CRL.P No. 6401 of 2023 | High Court of Karnataka at Bengaluru, Mohammad Nawaz, J., order dated 03.04.2025 | Subana Baldar (police constable, CCB Mysuru City) v. State of Karnataka (Women PS Mysuru District) and Kousar Banu V Mujavar | S.482 Cr.P.C. petition to quash complaint dated 24.06.2023 and FIR Crime No.23/2023, offences u/Ss.376(2)(n), 323, 355, 417, 504, 506 IPC | Quashing refused: allegations serious, ingredients made out, investigation in progress; petition dismissed.

What did the court decide?

The allegations are serious in nature; the contention that the entire allegations are false and motivated and that the complaint is lodged only to extract money from the accused cannot be accepted at this stage. ¶31

Subana Baldar Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:14091 CRL.P No. 6401 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 6401 OF 2023

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(482(Cr.PC) / 528(BNSS))

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BETWEEN:

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SUBANA BALDAR, S/O BASHEER, AGED 29 YEARS, OCC: POLICE CONSTABLE, CCB, MYSURU CITY, R/O. JYOTI NAGAR QUARTERS, ROOM NO.109, JYOTHI NAGAR, MYSURU. (AS PER AADHAR CARD PETITIONERS NAME'S) SUBANALLAH BASHEER BHALDAR, R/O. BALLIGERI VILLAGE, TALUK: ATHANI, DISTRICT: BELAGAVI, KARNATAKA STATE - 591 212.

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…PETITIONER

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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(BY SRI. VINAY KUMAR M. SHETTY, ADVOCATE FOR SRI. AVINASH M. ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH WOMEN POLICE STATION MYSURU DISTRICT POLICE, MYSURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.

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KOUSAR BANU V MUJAVAR, AGE: 34, OCC: GOVT. EMPLOYEE, R/O NEAR GOVT. HOSPITAL,

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NC: 2025:KHC:14091 CRL.P No. 6401 of 2023

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T. NARASIPURA TOWN, DISTRICT: MYSURU - 571 124.

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…RESPONDENTS

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(BY SMT. ASMA KOUSER, ADDL. SPP FOR R1; SRI. RAVI J.S, ADVOCATE FOR R2)

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THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT DATED 24.06.2023 AND FIR IN CR.NO.23/2023 REGISTERED BY MYSURU DISTRICT WOMEN POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 376(2)(n), 323, 355, 417, 504, 506 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN.) AND C.J.M. COURT, T.NARASIPURA, MYSURU DISTRICT.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is preferred under Section 482 of Cr.P.C, seeking to quash the complaint and FIR in Crime No.23/2023 registered against the petitioner alleging offences punishable under Section 376(2)(n), 323, 355, 417, 504 and 506 of IPC.

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3 - NC: 2025:KHC:14091 CRL.P No. 6401 of 2023

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complainant/victim. Initially, case was registered in Crime No.23/2023 of Women Police Station, Mysuru City. Later on transferred and registered as Crime No.23/2023 at Women Police Station, Mysuru District.

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In brief, the allegations are that the accused working as police constable in CCB, Mysuru City, met the victim through facebook and thereafter, taking advantage of their friendship, on the pretext of marrying the victim, committed sexual intercourse with her. Further, he informed the victim that he is infected with HIV and asked to get her medical examination done and further, continued to have sexual intercourse by threatening her. It

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is also alleged that the accused took away the pen drive, mobile phone etc, and harassed the victim physically and mentally.

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The allegations are serious in nature. The contention of the learned counsel for petitioner that the entire allegations are false and motivated and the

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4 - NC: 2025:KHC:14091 CRL.P No. 6401 of 2023

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complaint is lodged only to extract money from the accused, cannot be accepted at this stage. From the averments in the complaint, it can not be held that the ingredients of the offence alleged are not made out. Since, the investigation is in progress and considering the nature

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of allegations, this is not a fit case to quash the FIR.

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Petition is dismissed .

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I.A.No.1/2024 is disposed of .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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PK List No.: 1 Sl No.: 10 CT: BHK

Subana Baldar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Subana Baldar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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